Could weget reimbursed formoney that we spent to have negligent roof repairs fixed?

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Could weget reimbursed formoney that we spent to have negligent roof repairs fixed?

Our roof was redone 3 years ago and we are now having issues with bats getting into the house. After an inspection by a pest removal company, there were many problem areas that are due to the roofing job done. Most concerning is that these issues are not just allowing bats in our house, but could be causing water damage to our house (we do have pictures showing rotted wood in one spot). We just want to know if there is something we can do to get any money back should we have to hire someone else to fix the problems?

Asked on April 9, 2011 under General Practice, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be in luck. The time to bring a legal action is called the "statute of limitations. In Minnesota, the statute of limitations for  both breach of contract and for negligence causing damage to property appear to be 6 years. That means that if the roofer either violated or breached the contract--did not do the work he promised to do--or if he was negligent (unreasonably careless) in doing the work, you may be able to sue him to recover damages (i.e. get monetary compensation). Of course, whether it's worth suing will depend on the cost to fix the problems--if it's a few hundred dollars, for example, it almost certainly would not be. You also need to take into account whether the roofer is still in business, has money or assets to collect from, etc. And finally, if he did the job he was hired to do, and was not careless, then even if the job was not done as well as perhaps it should have been, that would likely *not* give rise to liability.


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